This article, originally published on Jan. 27, was last updated on Feb. 6
Since taking office for his second term, President Donald Trump has signed dozens of executive orders, including several meant to change U.S. immigration law and policy.
Reportedly aimed at cracking down on illegal immigration, the expansion of the government’s expedited removal authority was announced effective Jan. 21, Trump’s first day in office, via a Federal Register notice.
Also on his first day in office, Trump revoked a directive implemented in 2011 barring Immigration and Customs Enforcement (ICE) and Customs and Border Patrol officers from making arrests in “sensitive” areas, including schools.
Opponents, Proponents Give Input on ICE in Schools
In its first press conference of the 119th Congress, the Congressional Hispanic Caucus condemned Trump’s directive, ABC reports.
“[Trump] says he’s targeting criminals, but he just removed the restrictions that stopped ICE from conducting raids on schools, on hospitals and in churches,” said Texas Representative Joaquin Castro. “I would ask you who he believes among those kids is a criminal sitting in a first grade class.”
The National Parents Union also condemned allowing law enforcement to make arrests at schools.
“Law abiding individuals and their families should be treated humanely and with dignity,” the union wrote in a statement. “The decision to go after families in safe places sends a disgraceful message that threatens to emotionally scar young children whose families may be deported and other young children caught up in the crossfire.”
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Tom Homan, Trump’s border czar, defended the administration’s plan to send ICE agents into schools, The Hill reports. During ABC’s “This Week,” host Martha Raddatz asked Homan what criminals are hiding in schools.
“How many MS-13 members are the age 14 to 17? Many of them,” Homan said, noting the arrests are being made with planning. “If it’s a national security threat, public safety threat, what you need to understand is that it’s case by case, name another agency, another law enforcement agency, that has those type of requirements, that they can’t walk into a school or doctor’s office or a medical campus. No other agency is held to those standards. These are well-trained officers with a lot of discretion, and when it comes to a sensitive location, there’s still gonna be supervisory review.”
During the interview, Homan also said the deportation plans will be costly and called on Congress to pass funding the the administration’s mission.
Acting Homeland Security Secretary Benjamine Huffman also wrote in a statement that “criminals will no longer be able to hide in America’s schools and churches to avoid arrest.”
In response to questions posed by NBC News regarding the revoked directive, a White House spokesperson wrote in an email, “By ending the absurd policy of exempting many locations from enforcement of the law — and giving criminal illegal aliens places to hide and avoid arrest — this action empowers the brave men and women in CBP and ICE to enforce our immigration laws and make our country safer; it is NOT a directive to go into schools and churches.”
The spokesperson also said “secondary supervisor approval is also needed before any action can be taken in locations such as a church or school” and that “we expect these situations to be extremely rare.”
As of Monday night, there had not been any reports of any immigration raids on public school grounds, according to NBC.
Mass. AG Issues Guidance on ICE in Schools
Boston-based immigration attorney Annelise Araujo told CBS News that since Trump took office, she has received dozens of messages each day from concerned and befuddled clients.
“There is a sense of fear in the general population and not just from undocumented immigrants,” Araujo said. “‘What if ICE comes to my kids’ school? I’m really scared of what my kids are going to experience,'” she recalled clients asking. “I have gotten calls from people who are scared about what will happen to their employees.”
On Friday, to try and dissuade concerns regarding ICE raids in schools, Massachusetts Attorney General Andrea Campbell published a series of guidelines for schools to follow if approached by ICE agents. Should an agent ask to speak with a student, the guidance instructs teachers to immediately notify the school’s superintendent, the impacted student’s guardians, and the school’s legal counsel to discuss a plan of action.
“In the meantime, ask the ICE agent to wait or return later,” the guidance urges.
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ICE should also present parental consent or a judicial warrant to talk to a student, the guidance says. If a warrant is not presented, schools are instructed to withhold any student information from third parties, including ICE.
“Under the Family Education and Privacy Rights Act of 1974 (FERPA), you cannot give a student’s personally identifiable information (PII) contained in education records to third parties without the written consent of a parent or guardian (or the student if they are 18 years of age or older),” the guidance says. “Schools must make a reasonable effort to inform a parent or eligible student whose information is requested by ICE so that they might have time to seek a protective order or other relief.”
What if Student’s Parents Are Taken into ICE Custody?
Although the Mass. guidance says it is “unlikely to occur,” it provides steps for schools to take should a student’s parents be taken into ICE custody. Those steps include:
- Give families regular opportunities to update their emergency contact information and give alternative contacts if a parent or guardian is unavailable.
- Suggest that families create their own safety or preparedness plans, which can be shared with the school. Plans could include instructions on what to do if a parent becomes unavailable, including designated guardians or others authorized to pick up the student from school.
- Review your school’s policy to make sure it includes steps to take if a student cannot safely return home because his or her parent is not present.
For further questions or guidance, schools can contact the Mass. Attorney General’s Civil Rights Division at (617) 963-2917.
New York City Public Schools Issues Guidance on ICE in Schools
On Friday, New York City Public Schools (NYCPS) also issued guidance for how schools should interact with ICE agents who show up, ABC reports.
The guidance says while NYCPS must honor valid judicial warrants, court orders, or subpoenas, “it is very difficult for an untrained person to determine the validity of such documents,” noting it is “vitally important for school officials to show a copy of any warrant, court order, or subpoena to the Senior Field Counsel (SFC) before taking any action in response to non-local law-enforcement officials, including ICE personnel.”
“NYCPS does not permit non-local law enforcement agents, including Immigration and Customs Enforcement (ICE) personnel, to enter schools—except when absolutely required by law,” the guidance reminds school leaders.
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Similar to Massachusetts’ guidance, NYCPS says a school safety agent should immediately notify the school principal if an ICE agent comes to school and they should ask the agent to wait outside. It also urges schools not to share student, family member, or employee information “under any circumstances.”
The guidance offers next steps specific to principals, which include:
- Get information from the agent, including their name and badge/ID number, their supervisor’s phone number, and the purpose of the visit
- Escalate to legal if you obtain any documentation from the agent
- Wait for further instruction from legal
NYCPS also announced it will hold a “Know Their Rights” town hall this week.
Texas, California School Districts Address ICE in Schools
In Texas, Representative Sylvia Garcia told ABC News she is also holding a “Know Your Rights” workshop this week on Capitol Hill with representatives from the Houston Independent School District.
“Just because ICE comes knocking on the door doesn’t mean you have to open it,” Garcia said. “We’ve embarked on an education campaign to make sure that the school districts know what they should or shouldn’t do. I don’t know what they’re [DHS] going to do with them, but just because they’re going to send them to school doesn’t mean school stops. So I think there’s some do’s and don’ts, there’s some rights and responsibilities. And what’s important is an education campaign, and that’s what we’re doing now.”
On Feb. 5, dozens of families across the Houston ISD kept their kids home as part of a “sick out” to protest the Texas Education Agency’s 2023 takeover of the district. Community Voices for Public Education (CVPE) organized the protest to voice frustrations with some of the district’s policies since the state takeover. In part, organizers said the protest was meant to highlight HISD’s inadequate response to potential ICE raids.
“HISD has always, and will always, continue to support and educate every student who walks through our doors. While our commitment to students has not changed, we know this is an uncertain time for many in the Houston community. We will do everything within our power to ensure stability and continuity of care for our students while they are in our schools, and the safest place for our students to be during the school week is in school,” HISD spokesperson Alexandra Elizondo wrote in a statement. “It is entirely irresponsible for CVPE to cynically exploit people’s legitimate concerns about federal immigration policy to push their own political agenda about the state intervention. Encouraging students to skip school only hurts students.”
In California, the San Diego Unified School District and Fresno Unified School District are also sharing immigration support and resources with its families. San Diego Unified says they do not collect information on legal status and will not willingly provide information unless federal officers show court orders, according to Fox 5.
“Know your rights to know what’s likely to happened and to be assured that on campus your immigration status is not an element that we in any way we consider and we will do anything in our power to protect your children and your families,” said Cody Petterson, the San Diego Unified School Board President.
According to the Fresno Bee, Fresno Mayor Jerry Dyer says the city’s police will not assist federal immigration enforcement operations and that he opposes any raids of local schools.
“When it comes to immigration enforcement in sensitive places like schools or churches, I firmly believe those places should remain safe havens for our community,” he wrote in a statement to The Bee. “We do not want members of our immigrant communities, especially our children, being afraid to attend school or a place of worship.”
Denver Public Schools Superintendent Advises School Officials to Turn Away Government Officials, Go Into Lockdown
Earlier this month, NBC News reports that Denver Public Schools (DPS) Superintendent Alex Marrero issued detailed guidance that advised school officials to refuse entry to government officials who arrive at school buildings.
“If a government official arrives at your school requesting information or entry and they are not an individual who has an appointment or business with anyone at the school, do not allow entry,” the guidance says.
The guidance tells school leaders to then follow these steps:
- Place the school on secure perimeter
- Use the intercom to communicate with the government official
- If the government official is already in the building, keep them in the front office and place the school on hold
- Over the intercom, ask the government official:
- Which agency are you with?
- What is your name and badge/ID number?
- What is the purpose of your visit?
- Do you have a warrant or a court order?
- If yes, can you provide the school with a copy?
- If not, ask the government official to leave and contact Legal with any questions. You may also request the government official contact Legal
- Obtain documentation from the government official and make copies or take clear photos
- Inform the government official that we have a process regarding requests to speak to students or request student records
- Call the DPS Office of General Counsel at 720-545-7122
- Contact your Operational Service Director (OSD)
- Wait for further guidance from the General Counsel
The guidance does, however, direct school officials to “not physically impede, interfere with or obstruct a government official in performing their duties.”
The district also offered various virtual training sessions specific to principals, assistant principals and deans, front office staff, and FACE family liaisons, MLE liaisons, and specialists
Chicago Elementary School Turns Away Secret Service Agents
In a statement last week, Chicago Public Schools (CPS) said that under the city’s sanctuary city laws, known as its Welcoming City Ordinance, “ICE agents are not permitted access to CPS facilities unless they provide their credentials, the reason they are requesting access, and a criminal judicial warrant signed by a federal judge.”
“CPS will not admit ICE agents based upon an administrative warrant, an ICE detainer, or other document issued by an agency enforcing civil immigration law,” the statement continued.
On Jan. 24, leaders at Hamline Elementary School in Chicago denied entry to U.S. Secret Service agents pursuing an investigation because they feared they were ICE agents.
CPS Chief Education Officer Bogdana Chkoumbova said the agents attempted to enter the school around 11:15 a.m., CNN reports. School officials initially said the agents were from ICE, which ICE denied. The district said it later learned the agents were from the Secret Service.
The two agents who showed up at the school presented identification from the Department of Homeland Security, which oversees both the Secret Service and ICE.
“Regardless of which branch of Homeland Security visited this school, officials followed the established protocols to ensure student safety,” a CPS spokesperson wrote in a statement to CNN Friday night. “The agents were not allowed into the school or permitted to speak with staff or students.”
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The district spokesperson also said its original communication that the agents were from ICE was “a result of a misunderstanding, reflective of the fear and concerns in the community amid the new administration’s focus on undocumented immigrants.”
Secret Service Chief of Communications Anthony Guglielmi told CNN that they were at the school “investigating a threat made against a government official we protect.”
“In the course of their investigation, agents first visited a residence in a local neighborhood and then made a visit to Hamline Elementary School,” Guglielmi continued. “Agents identified themselves to the school principal and provided business cards with their contact information. The agents left without incident. The Secret Service investigates all threats made against those we protect, we do not investigate nor enforce immigration laws.”
Parents Sending Students to School with Immigration Paperwork
According to the Pew Research Center, there are 6.3 million households in the U.S. in which one or more members are undocumented. Nearly 70% of those families are mixed status, meaning at least one member is a U.S. citizen or legal resident.
However, many parents are fearful that their families are no longer welcome regardless of their legal status, Grace Resendez McCaffery, the founder of the Hispanic Resource Center of Northwest Florida and South Alabama, told ABC 3.
“I do know of some parents who were providing paperwork for their kids to take to school with them,” she said. “And then there’s the question of whether or not the children would be safe or come home to find out their parents aren’t home.”
Resendez McCaffery said she also feels like a target because of her race.
“I’m going to be questioned for my ethnicity and skin color and maybe my compassion, but I don’t walk around with papers showing what country I was born in,” she said. “Families need to make plans, just like any disaster plans for possible separation. Parents that are concerned about their American children being left behind, they need a power of attorney to represent those children.”
Elma Alvarez, an instructional specialist at an elementary school in Tucson, Ariz., told Vox that some parents and students are afraid to leave their homes and educators are worried about how the lingering threat of ICE raids could affect a generation of students who are already struggling from the pandemic, wildfires, and other disasters.
“They’ve already been through so much,” Alvarez said. “School is a place where everybody, every single person that steps on campus, should feel safe.”